Terms & Conditions
1 Contract, Price and Payment
1.1 Any prices shown on literature or website by Bix. B. Productions and any quotations provided by Bix. B. Productions do not constitute a legally binding offer by Bix. B. Productions.
1.2 Prices or quotations do not constitute an offer by Bix. B. Productions to the Customer until until we have received the signed copy of the proposal/quote. The contract is finalised when we receive the signed copy of the proposal/quote.
1.3 At Bix. B. Productions discretion stage payments of 50%, 33.3% or any other percentage deemed suitable will paid on account in cleared funds by the customer by the date/s agreed.
1.4 Full payment or balance shall be paid by the Customer upon Delivery or Installation.
1.5 If the Customer fails to pay any amount payable by it under these Terms, Bix. B. Productions shall be entitled to charge the Customer interest on the overdue amount, from the due date up to the date of actual payment, after as well as before judgement, at the rate of 8% per annum above the base lending rate for the time being of the Bank of England.
1.6 In the event of cancellation or postponement of our services by the Customer, the full fee will be levied, and must be paid within 14 days.
1.7 Without prejudice to any other rights to which it may be entitled, Bix. B. Productions may immediately terminate the Contract if:
(a) any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
(b) the Customer commits a breach of any of the Terms; or
(c) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against him, or fails to perform any of his obligations under these Terms.
1.8 If the Customer seeks to amend, cancel or postpone the provision of the Services following the execution of a Contract, the Customer shall still be liable to pay the Price in full unless otherwise agreed by Bix. B. Productions.
1.9 On termination of the Contract:
(a) the Customer shall return to Bix. B. Productions the Props and any other property of Bix. B. Productions the Customer then has in its possession or control including without limitation any Confidential Information belonging to Bix. B. Productions ; and
(b) Bix. B. Productions shall be entitled to enter the Customers premises at any time in order to recover any equipment and materials which are the property of Bix. B. Productions and the Customer irrevocably licenses Bix. B. Productions and its employees to enter any such premises for that
3 Approval, Permission and Delays
3.1 The Customer is responsible before date of commencement for acquiring any necessary approvals, permission, consents or licences to allow Bix. B. Productions to perform the Installation Services. And shall provide written evidence of such to Bix. B. Productions on request.
3.2 The Customer may be charged if the timings, venue or the event duration is changed from that which was agreed with and originally quoted by Bix. B. Productions .
3.3 As advised by us, the Customer must provide Bix. B. Productions with sufficient time and access, to the venue to perform the Installation Services. Bix. B. Productions accepts no liability for being unable to complete Installation Services if caused by constrained/limited time, access, failure of lifts or any other event occurring at the Venue or action by the Customer or the venue resulting in Bix. B. Productions becoming unable to complete the Services.
3.4 The Customer agrees that the Customer shall pay the Price notwithstanding that part or all of the Services are unable to be completed by Bix. B. Productions as a result of constrained/limited time, access to the Venue, failure of lifts or any other event occurring at the Venue or action by the Customer or Venue resulting in Bix. B. Productions becoming unable to complete the Services
4 Artistic Licence
4.1 The Customer agrees that the supply of the Services will be subject to Bix. B. Productions reasonable artistic licence and interpretation.
5.1 The Customer shall ensure that the Venue is suitable for the Services including but not limited to the size of the Venue, and the technical facilities available to accommodate provision of the Services by Bix. B. Productions.
5.2 The Customer shall provide full and accurate technical details of the Venue and access to the Venue as required by Bix. B. Productions prior to the Commencement Date. Bix.B Productions shall be entitled to terminate the Contract without liability if, in Bix. B. Productions reasonable opinion, the results of those technical details are unsatisfactory.
5.3 The venue will be assessed for suitability, if deemed unsuitable By Bix. B. Productions for our Installation Services the decision will be final.
5.4 The Customer shall where appropriate, make available to Bix. B. Productions such facilities including power supply and other support as may be reasonably necessary to enable Bix. B. Productions to carry out the Installation Services including off loading and uploading of the Props at delivery and collection.
6 Intellectual Property Rights and Ownership
6.1 The Customer acknowledges Bix. B. Productions retains all rights and ownership of props at all times. Risk in the Props shall pass to the Customer on despatch/delivery (whichever is earlier) and shall pass from the Customer to Bix. B. Productions upon delivery back to Bix. B. Productions.
6.2 Bix. B. Productions reserves all rights in its intellectual property of any nature whatsoever including without limitation copyright, and design rights and the Customer shall not be entitled to any intellectual property rights arising out of the provision of the Services. The Customer shall not release photographs, designs, quotations, drawing and recordings to any third party for any commercial purpose without the prior written consent of Bix. B. Productions.
7.1 Bix. B. Productions liability for any of the following is not excluded or limited by these Terms (even if any other term of the Terms would suggest otherwise):
(a) death or personal injury caused by Bix. B. Productions negligence or the negligence of its employees, servants or agents; or
(b) any other liability which cannot be legally excluded or limited.
7.4 Subject to clause7.1a), Bix. B. Productions shall not be liable to the Customer under or in relation to these Terms (whether such liability arises due to negligence, breach of contract, misrepresentation or otherwise) for any indirect or consequential loss or damage.
7.5 Subject to clause 7.1(a) and without prejudice to the provisions of clause 7.1(b), Bix. B. Productions liability arising from or in connection with these Terms (whether the liability arises for breach of contract, negligence, or otherwise) shall be limited to a refund of the Price paid by the Customer for that element of the Services to which the liability relates.
7.6 The provisions of this clause 7 shall survive the termination or expiry of these Terms for any reason.
8 Force Majeure
8.1 If Bix. B. Productions is prevented or delayed in the performance of any of its obligations under the Contract by any cause which arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to strikes, lock-outs or other industrial disputes, unavailability of raw materials, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, transport disruption, fire, flood, storm, terrorist attack, nuclear, chemical or biological contamination or sonic boom, then it shall have no liability in respect of the performance of such of its obligations as are prevented by those events.
9.1 The Customer will keep in strict confidence all technical or commercial know-how, specifications, drawings, quotations, inventions, processes or initiatives which are of a confidential nature and which have been disclosed to the Customer by Bix. B. Productions or its agents and any other confidential information concerning Bix. B. Productions business or its products which the Customer may obtain. The Customer will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know the same and will ensure that such employees, agents or subcontractors are subject to equivalent obligations of confidentiality as bind the Customer.
10.1 The Customer shall not without the prior written consent of Bix. B. Productions assign or transfer the Contract or any part of it to any other person.
11.1 Any notice or other document to be served under the Contract must be in writing and may be delivered or sent by prepaid first class letter, post or facsimile transmission.
11.2 Any notice or demand shall be deemed served, if delivered, at the time of delivery, if posted, 48 hours after posting and if sent by facsimile transmission, at the time of transmission.
11.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed servable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.4 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.5 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
11.6 A person who is not party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause 11.6 does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.7 The Contract shall be governed by and construed in all aspects in accordance with English law.
11.8 Subject to clause 11.9 the parties submit to the exclusive jurisdiction of the English courts and agree that (subject to clause 11.9), in respect of proceedings in England and any other jurisdiction, process may be served on either of them in the manner specified for notices in clause 11.1 and 11.2 above.
11.9 Nothing in this clause 11 shall limit the right of Bix. B. Productions to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in an one or more jurisdiction preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.